Dinesh Sahebrao Kadam Convince No. C/4954 v. The State Of Maharashtra And Others

2023:BHC-AUG:26390-DB 1767.2023WP+ -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 941 CRIMINAL WRIT PETITION NO. 1767 OF 2023 DINESH SAHEBRAO KADAM CONVINCE NO. C/4954

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Mrs. Chate Sharada Pundlik PP for Respondent/State : Mr.A.B. Girase ...

CORAM : R.G. AVACHAT AND SANJAY A. DESHMUKH, JJ.

DATED : 14th DECEMBER, 2023.

PER COURT :- .

The petitioner, by this petition, has prayed for grant of parole which has been turned down mainly on the ground of period of one and half year to have not passed post his last surrender back to the jail.

2.

The ground that one and half year has not passed after his last surrender to the jail would no longer be a ground in view of the medical emergency and the fact that the rule 19(2) of the Maharashtra Prisons (Bombay Furlough and Parole) Rules, 1959, which comes in way of the petitioner, is said to be under review by the State.

3.

The medical certificate of wife of the petitioner is placed on record. It is informed that they have minor child and except the petitioner, there is no one to look after her during her ill-health. In

1767.2023WP+ -2view of the same, we direct the authorities concerned to grant petitioner parole of 41 days on the terms and conditions which are usually imposed. Since the petitioner is in open prison, the authorities shall not insist for surety bond.

4.

The petition stands disposed of accordingly.

(SANJAY A. DESHMUKH, J.) (R.G. AVACHAT, J.) sga/